Relevant bibliographies by topics / Constitutional right of asylum

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Academic literature on the topic 'Constitutional right of asylum'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Constitutional right of asylum"

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Bendor, Ariel L., and Michael Sachs. "The Constitutional Status of Human Dignity in Germany and Israel." Israel Law Review 44, no. 1-2 (2011): 25–61. http://dx.doi.org/10.1017/s0021223700000959.

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This article applies comparative law tools to portray eight significant aspects of the constitutional right to human dignity in Germany and Israel. The elements considered are: the constitutional status of human dignity; the nature of the right; its effect on other constitutional rights; its scope and definition; waiver of human dignity; human dignity after death; negative and positive aspects of the right; and the right to asylum. The textual foundations of the respective constitutional guarantees are as different as human dignity's core meaning. In Germany, such guarantees are held to be absolute, immune to restriction, and therefore quite narrow in scope. In Israel, the scope of the right is much broader, but it is subject to limitations when placed against the public interest. Still, based on the findings of our comprehensive comparison, similar dynamics can be identified in Germany and Israel The constitutional coverage of both absolute and relative principles is broad, as are the constitutional lacunas, which are those dimensions of constitutional law neglected by the written constitution.
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Semyonova, Olga O. "To the Concept of Asylum. Right or Duty of the State?" Herald of Omsk University. Series: Law 17, no. 4 (December 28, 2020): 65–74. http://dx.doi.org/10.24147/1990-5173.2020.17(4).65-74.

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Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.
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Jones, Thomas C. "Establishing a constitutional ‘right of asylum’ in early nineteenth-century Britain." History of European Ideas 46, no. 5 (March 31, 2020): 545–62. http://dx.doi.org/10.1080/01916599.2020.1746078.

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Semenova, Olga O. "INSTITUTE OF THE RIGHT TO ASYLUM IN THE DRAFTS OF CONSTITUTIONAL COMMISSION AND CONSTITUTIONAL MEETING." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 24 (June 1, 2017): 102–11. http://dx.doi.org/10.17223/22253513/24/11.

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Kivistö, Hanna-Mari. "Rights of Noncitizens." Contributions to the History of Concepts 9, no. 1 (June 1, 2014): 60–73. http://dx.doi.org/10.3167/choc.2014.090104.

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Post–World War II developments concerning citizenship and access as one of the dimensions of citizenship are examined through the prism of noncitizenship and rights, using the drafting of the asylum paragraph of the 1949 Grundgesetz of the Federal Republic of Germany as a specific case study. The aim of this article is to look into the creation of the right to asylum in West Germany, to examine its political history by exploring its development and by searching for its conceptual, political, and rhetorical origins. The article investigates the birth of the unique conceptualization of asylum in the debates of the Parliamentary Council, the constitutional and quasi-parliamentary assembly responsible for the writing of the postwar Basic Law, and examines the political choices, motivations, and compromises behind its creation. To connect the matter of asylum to a wider problematic related to noncitizens and rights, the article benefits from the political philosophy of Hannah Arendt, with reference to her writings on human rights and refugees in the immediate post–World War II period.
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Świrgoń-Skok, Renata. "Subjective and Territorial Scope of confugium ad ecclesias, and Christian Ideas." Studia Prawnicze KUL, no. 4 (December 31, 2019): 195–211. http://dx.doi.org/10.31743/sp.10614.

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Beginnings of asylum (asylum, ius asyli, confugium) in ancient Rome dates back to Romulus times. In subsequent periods of the development of the Roman state, the right of asylum was further developed and included in the norms of material and legal nature. In the Republic Period there were no comprehensive legal regulations regarding ius asyli, although temple asylum was known. It was only during the empire that legal regulation of asylum was in place and two of its forms were developed, confugium ad statuum (asylum, escape to the monument to the emperor) and confugium ad ecclesias (church asylum). That study focuses on answering the question of whether Christian ideas had an impact on the subjective and territorial scope confugium ad ecclesias. After the Edict of Milan in the year 313, Christianity, being able to worship publicly, began to influence the consciousness of the inhabitants of the empire. The Church was conceived as an institution protecting the weak, persecuted and those in need. The right of asylum was also enriched with some Christian elements, especially mercy (misericordia), in relation to individuals entitled to benefit from asylum protection. The territorial extent is also expanded to include places belonging to temples, such as the bishop’s house, cemetery and monasteries. An important novelty was the validity of confugium ad ecclesias in every Christian temple because it was not the emperor’s decision that was in force of ius asylum and the sanctity of the place. However, imperial constitutions played a more important role in shaping the right of asylum in the 4th and 5th centuries than the synodal legislation.
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Lenaerts, Koen. "Exploring the Limits of the EU Charter of Fundamental Rights." European Constitutional Law Review 8, no. 3 (October 2012): 375–403. http://dx.doi.org/10.1017/s1574019612000260.

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Scope of application of Charter – What does ‘implementing Union law’ mean? – Application of v. derogation from EU law – Asylum cases, N.S. – Familiapress, Schmidberger, Viking – Implementing to include derogation – Annibaldi and Dereci – Interpretation of the Charter – ‘Provided for by law’ – The ‘essence’ of a right or freedom – Legitimate objectives and proportionality – Rights both in EU Treaties and in Charter: citizenship – Charter and ECHR – Constitutional Traditions, level of protection and deference – Article 53 not according to Solange, but like Omega and Sayn-Wittgenstein – Principles and Rights
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Lee, Il. "Korea’s Landmark Case for Improving the Legal Process for Asylum Seekers." Korean Journal of International and Comparative Law 3, no. 2 (November 13, 2015): 171–88. http://dx.doi.org/10.1163/22134484-12340057.

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The purpose of this article is to analyze the principle of non-refoulement as applied in four important recent Korea court decisions regarding the asylum-seeking process at ports of entry. Incheon District Court decision 2014 Gu-Hab 30385 and Seoul High Court decision 2014 Nu 52093 concern a non-referral decision; Inchon District Court decision 2014 In 39 concerns illegal airport detention; and Constitutional Court decision 2014 Heon-Ra 592 concerns the right to counsel. In these cases, the courts ordered changes to the previous detention and deportation system and recognized the right to counsel by asylum applicants at ports of entry. As the Korean refugee status determination process is biased towards denying entry to unwelcome foreigners and biased against recognizing refugees, it is important to recognize the duty of the government to develop a better system at ports of entry in order to prevent the unjustified deportation of asylum seekers back to their country of origin.
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Alfaro-Velcamp, Theresa. "“Don’t send your sick here to be treated, our own people need it more”: immigrants’ access to healthcare in South Africa." International Journal of Migration, Health and Social Care 13, no. 1 (March 6, 2017): 53–68. http://dx.doi.org/10.1108/ijmhsc-04-2015-0012.

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Purpose Asylum seekers, refugees and immigrants’ access to healthcare vary in South Africa and Cape Town due to unclear legal status. The purpose of this paper is to shed light on the source of this variation, the divergence between the 1996 South African Constitution, the immigration laws, and regulations and to describe its harmful consequences. Design/methodology/approach Based on legal and ethnographic research, this paper documents the disjuncture between South African statutes and regulations and the South African Constitution regarding refugees and migrants’ access to healthcare. Research involved examining South African jurisprudence, the African Charter, and United Nations’ materials regarding rights to health and health care access, and speaking with civil society organizations and healthcare providers. These sources inform the description of the immigrant access to healthcare in Cape Town, South Africa. Findings Asylum-seekers and refugees are entitled to health and emergency care; however, hospital administrators require documentation (up-to-date permits) before care can be administered. Many immigrants – especially the undocumented – are often unable to obtain care because of a lack of papers or because of “progressive realization,” the notion that the state cannot presently afford to provide treatment in accordance with constitutional rights. These explanations have put healthcare providers in an untenable position of not being able to treat patients, including some who face fatal conditions. Research limitations/implications The research is limited by the fact that South African courts have not adjudicated a direct challenge to being refused care at healthcare facility on the basis of legal status. This limits the ability to know how rights afforded to “everyone” within the South African Constitution will be interpreted with respect to immigrants seeking healthcare. The research is also limited by the non-circulation of healthcare admissions policies among leading facilities in the Cape Town region where the case study is based. Practical implications Articulation of the disjuncture between the South African Constitution and the immigration laws and regulations allows stakeholders and decision-makers to reframe provincial and municipal policies about healthcare access in terms of constitutional rights and the practical limitations accommodated through progressive realization. Social implications In South Africa, immigration statutes and regulations are inconsistent and deemed unconstitutional with respect to the treatment of undocumented migrants. Hospital administrators are narrowly interpreting the laws to instruct healthcare providers on how to treat patients and whom they can treat. These practices need to stop. Access to healthcare must be structured to comport with the constitutional right afforded to everyone, and with progressive realization pursued through a non – discriminatory policy regarding vulnerable immigrants. Originality/value This paper presents a unique case study that combines legal and social science methods to explore a common and acute question of health care access. The case is novel and instructive insofar as South Africa has not established refugee camps in response to rising numbers of refugees, asylum seekers and immigrants. South Africans thus confront a “first world” question of equitable access to healthcare within their African context and with limited resources in a climate of increasing xenophobia.
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Schlag, Themas. "Gewissen und Recht: Ethisch-theologische Aspekte zur Debatte über das Kirchenasyl." Zeitschrift für Evangelische Ethik 40, no. 1 (February 1, 1996): 38–56. http://dx.doi.org/10.14315/zee-1996-0106.

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AbstractSince relevant changes in German constitutionallaw concerning the guaranteed right of territorial asylum for political refugees have taken place, a widespread public debate on interpretation and institutional shaping of this fundamental human right can be registered. As a valid part in this debate, efforts from within the Church have been made to instaU a compensation for the diagnosed loss of lawfullness and to point out the present deficiency of the composed constitutional right, fixed in the new article 16 a of the Grundgesetz. These efforts, manifested in the specific form of sanctuary, put on the agenda the general question of the relevance of christian conscience within the public context.Reminding the protestant tradition of the concept of conscience and confronting it with the philosophical concept of recognition, it can be said that from a christian point of view, the engagement in keeping fundamental human rights established, is a constituent part both of christian self-understanding and meaningful existence in society.
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Dissertations / Theses on the topic "Constitutional right of asylum"

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Borovan, Nicole A. "The Canada-United States Safe Third Country Agreement : a constitutional analysis." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98604.

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This thesis examines the Safe Third Country Agreement between Canada and the United States from the perspective of Canada's obligations vis-a-vis asylum seekers under the Canadian Charter of Rights and Freedoms. The Safe Third Country Agreement requires asylum seekers to lodge their refugee claims in the first country of arrival, as between Canada and the United States. Asylum seekers on the United States side of the border who are seeking to enter Canada for the purpose of claiming refugee status will be deflected to the United States to lodge their claims there. By deflecting asylum seekers in this manner, Canada effectively conscripts the United States to carry out its obligations under the Charter to furnish procedural and substantive protections to asylum seekers. This thesis examines certain features of the United States asylum system to which asylum seekers deflected under the Safe Third Country Agreement would be subjected, in order to determine whether, according to relevant Charter jurisprudence, deflection constitutes a deprivation of security of the person under section 7 of the Charter and whether such deprivation can be justified under section 1.
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Pellegrino, Claudia Lea. "La Cour constitutionnelle italienne et son rôle en matière de garantie des droits fondamentaux des étrangers." Thesis, Paris, EHESS, 2019. http://www.theses.fr/2019EHES0186.

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Le présent travail se propose d’examiner le rôle joué par la Cour Constitutionnelle italienne dans la garantie des droits fondamentaux des individus, inscrits dans la Constitution, eu égard notamment à la catégorie des étrangers, n’ayant aucun lien de citoyenneté avec l’Etat.La recherche a été menée dans une perspective de reconstruction historique qui part de l’évolution de la justice constitutionnelle en Europe et des travaux de l’Assemblée constituante en Italie concernant l’institution du« Juge des lois ».Dans la première partie de la thèse, on a approfondi les profils de la structure de la Cour, de son fonctionnement, des instruments décisoires et des mécanismes d’accès au jugement constitutionnel sur les lois. A l’égard de ces derniers, on a voulu focaliser l’attention sur le recours incident tel qu’il est configuré dans notre système de justice constitutionnelle, en analysant ses points de force et ses limites et en opérant, ensuite, une comparaison avec la question prioritaire de constitutionnalité introduite, il y a dix ans, dans le système français.Objet d’étude a été également, le manque, dans le système italien, de toute forme de recours direct de la part des particuliers qui leur permette de saisir la Cour, même à défaut d’un jugement à quo engendrant la saisine de la question de légitimité constitutionnelle.On a pris, par conséquent, en considération les propositions législatives concernant l’introduction d’une telle institution et les orientations doctrinales qui se sont exprimées en termes positifs ou négatifs par rapport à cette possibilité.La deuxième partie, représentant le cœur du travail, concerne la contribution de la Cour constitutionnelle à la définition du statut juridique de l'étranger et à la mise en œuvre du droit constitutionnel d'asile. L’évolution de la jurisprudence constitutionnelle en matière d’immigration se caractérise par une certaine autolimitation de la part de la Cour par rapport au pouvoir discrétionnaire du législateur. L'attitude de la Cour varie toutefois également en fonction des aspects réglementés et des droits présumés violés par la législation soumise au contrôle de constitutionnalité.En définitive, la Cour a contribué considérablement à un ajustement dynamique du statut des droits et des devoirs des étrangers, également avec des déclarations d'inconstitutionnalité visant à assurer la reconnaissance effective des droits de l’homme, consacrés dans la Constitution et dans le droit supranational et international, qui doivent être appliqués quelle que soit la possession du status civitatis ou le caractère régulier du séjour. En ce qui concerne le droit constitutionnel d’asile, la disposition de référence est l’article 10, paragraphe 3 de la Constitution.Le punctum crucis de la réflexion sur l'asile tel qu’il est défini par la Constitution est représenté par la relation de cet institut avec ceux de la protection internationale (statut de réfugié et protection subsidiaire) régis par la législation interne de transposition des directives européennes faisant partie dudit « Système européen commun d’asile » ainsi que de la forme résiduelle de protection interne dite "humanitaire", envisagée dans notre système jusqu'à sa récente abrogation. On a tenté de répondre à deux questions : le droit constitutionnel d'asile peut-il être considéré comme "absorbé" par les instruments de protection indiqués ci-dessus et, par conséquent, mis en œuvre dans notre système juridique?Quel rôle la Cour constitutionnelle a-t-elle joué dans la définition de la nature juridique de cette institution et des droits qui lui sont associés, en l’absence d’une loi mettant en œuvre la réserve de législation prévue par la disposition constitutionnelle susmentionnée?Le travail se conclut donc par le souhait d’une intervention plus significative de la Cour, sanctionnant l’absence d’une discipline prescrite par la Constitution, afin de rétablir le droit autonome de l’individu à l’asile constitutionnel
The present work aims to investigate the role of the Italian Constitutional Court in the protection of fundamental rights of individuals, enshrined in the Constitution. Special reference will be made to the category of third-country nationals, who are untied from the State by any bond of citizenship.This research is conducted following a perspective of historical reconstruction, starting from the evolution of constitutional justice in Europe and the works of the Italian Constituent Assembly concerning the establishment of a “Judge of laws”.The first section of the thesis analyses the Court’s structure, its functioning, the decision-making tools and the mechanisms of access to the constitutional judgment of the laws. With regard to the latter, it is intended to focus attention on the mechanism of cross-claim as it is designed in the Italian constitutional justice’s system, by analyzing its strengths and limits and by making a comparison with the “question prioritaire de constitutionnalité” introduced in France ten years ago.Furthermore, research aims to investigate the absence, in the Italian system, of any forms of direct appeal by the individuals, which may allow them to send a referral to the Court in the absence of an a quo judgment in which an opportunity for the referral of the question of constitutional legitimacy can be initiated.Moreover, object of analysis are the legislative proposals for the establishment of such an instrument, as well as the doctrinal orientations that have spoken in favor or against this opportunity.The second part, which constitutes the more original contribution of the work, relates to the role that the Constitutional Court has provided in defining the legal status of foreigners and in implementing the constitutional right of asylum. The evolution of the constitutional jurisprudence in the matter of immigration is characterized by a trend of self-restraint by the Court as far as the discretion of the legislator is concerned.However, the attitude of the Court also varies according to the aspects governed by sectorial legislation and the rights that are presumed to be violated by the laws subjected to the scrutiny of constitutionality.Ultimately, the Court has considerably contributed to a dynamic adjustment of the status of the rights and duties of foreigners, also with declarations of unconstitutionality aimed at ensuring effective recognition of human rights, enshrined in the Constitution and in supranational and international law, which must be applied regardless of the possession of the status civitatis or regularity of the stay.As for constitutional right of asylum, the reference provision is Article 10, paragraph 3 of the Constitution.The punctum crucis of the reflection on constitutional asylum is represented by the relationship of this institution with those of international protection(refugee status and subsidiary protection) governed by the internal legislation transposing the European directives forming part of the so-called "Common European Asylum System" as well as of the residual form of so- called "humanitarian" internal protection, contemplated in the Italian system until its recent repeal.An attempt was made to answer two questions: can the constitutional right of asylum be considered as "absorbed" by the tools of protection indicated above and, therefore, implemented in our legal system?What role has the Constitutional Court played in defining the legal nature of this institution and the rights associated with it, in the absence of a provision implementing the rule of law/statutory reservation provided by the aforementioned constitutional provision?The work concludes, therefore, with the hope of a more meaningful intervention by the Court, that may sanction the absence of a constitutionally prescribed discipline, in order to restore the autonomous right of the individual to constitutional asylum
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Kuosmanen, Jaakko Niilo. "Right to asylum and its protection." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6454.

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The topic of this thesis is justice and asylum. The central argument in the thesis is that citizens of all states have a moral right that entitles them to asylum in certain circumstances of deprivation. The right to asylum can be understood as a general derivative right, and it is grounded in the more fundamental entitlement to basic needs. More specifically, I argue that all persons whose basic needs are insufficiently protected in their home states have the right to asylum when they cannot be assisted with other remedial instruments by the international community within a reasonable timeframe. By using the right to asylum as a normative evaluative standard, I also argue that the existing refugee protective institutions are morally unsatisfactory, and that a 'moral refugee regime' should be established to replace the current protective institutions. Then the questions becomes, what specific form these institutions should take. In the thesis I focus primarily on one institutional proposal, 'the tradable quota scheme', and its ethical dimensions. I defend the tradable quota scheme against several lines of criticism, and suggest that the scheme constitutes a normatively viable alternative for the existing institutional framework. Finally, I examine obligations in the protection of the right to asylum in circumstances of partial compliance. I conclude that the citizens of complying states have the obligation to 'pick up the slack' and assist those bearers of the right to asylum who are unjustly denied assistance by the non-complying states.
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Karlén, Anna. "The right to seek asylum and the common European asylum system." Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-127650.

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Auriel, Pierre. "L’équivalence des protections des droits fondamentaux dans l’Union européenne." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020054.

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L’équivalence des protections des droits fondamentaux est une exigence formulée par les juridictions nationales afin de permettre de concilier les obligations constitutionnelles de mise en œuvre du droit de l’Union européenne et de protection des droits fondamentaux constitutionnels et conventionnels. En particulier, afin de répondre aux exigences d’unité et de de primauté du droit de l’Union, les juridictions nationales acceptent de suspendre le contrôle des actes étatiques mettant en œuvre le droit de l’Union européenne sur le fondement des droits fondamentaux constitutionnels et conventionnels aussi logntemps que le droit de l’Union européenne garantit une protection équivalente des droits fondamentaux. Dispositif baroque et instable, cette exigence est nécessairement précaire, des ruptures ponctuelles de l’équivalence apparaissant fréquemment. L’étude de cette exigence et de ces ruptures permet de faire apparaître la structure de l’Union européenne dans laquelle elle s’insère et à laquelle elle répond. Notamment, la nature internationale de l’Union et les mécanismes de réception du droit de l’Union européenne et du droit interne apparaissent au travers du jeu de l’équivalence. Le droit de l’Union européenne est mis en œuvre en étant soumis aux contraintes des ordres juridiques nationaux et en particulier, de leur ordre constitutionnel
Equivalence of fundamental rights protection is a requirement formulated by national courts in order to reconcile the constitutional obligations to implement European Union law with the protection of constitutional and conventional fundamental rights. In particular, in order to meet the requirements of unity and primacy of Union law, national courts agree to suspend the review of State acts implementing European Union law in the light of fundamental constitutional and conventional rights as long as European Union law guarantees equivalent protection of fundamental rights. As a baroque and unstable device, this requirement is necessarily precarious, with occasional breaks in equivalence frequently occurring. The study of this requirement and these breaks reveals the structure of the European Union in which it is embedded and to which it responds. In particular, the international nature of the Union and the mechanisms for receiving European Union and national law appear through the interplay of equivalence. European Union law is implemented by being subject to the constraints of national legal systems and, in particular, their constitutional order
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Mitroff, Melanie. "Privacy : a constitutional right that threatens democracy /." Lynchburg, VA : Liberty University, 2007. http://digitalcommons.liberty.edu.

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Villavicencio, Ríos Alfredo. "The right to work: transition from free dismissal to guaranteed constitutional right." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116195.

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After presenting the evolution of labor stability law in Peru, public and private scopes of the right to work are described allowing the Constitutional Court redefine dismissal regime (working stability of exit), in general, and specifying temporary recruitment regime (working stability of entry). Redefinition of dismissal legal framework is analyzed from constitutional and judicial case law stressing solved and pending issues.
Tras presentar la evolución del derecho de estabilidad laboral en el Perú, se precisan los alcances públicos y privados del derecho al trabajo, que permitieron al Tribunal Constitucional redefinir el régimen del despido (estabilidad laboral de salida), en general, y comenzar a precisar el régimen de contratación temporal (estabilidad laboral de entrada). Se analiza la redefinición del marco jurídico del despido a partir de la jurisprudencia constitucional y judicial, poniendo en relieve los temas resueltos y los pendientes.
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Holness, David Roy. "The constitutional right to food in South Africa." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/844.

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This dissertation is a study of the ambit of the right to food as it is contained in the South African Bill of Rights and the steps needed to realise the right. Existing and potential food insecurity, hunger and malnutrition provide the social context for this research. The rationale for conducting the research is primarily two-fold. Firstly, the access to sufficient food is an indispensable right for everyone living in this country. Secondly, the right to food in South Africa has not been subject to extensive academic study to date. Socio-economic rights are fully justiciable rights in this country, equally worthy of protection as civil and political rights. Furthermore, socio-economic rights (like the right to food) are interdependent with civil and political rights: neither category can meaningful exist without realisation of the other. The right to sufficient food is found in section 27(1)(b) of the South African Constitution. Children have the additional right to basic nutrition in terms of section 28(1)(c). The right to sufficient food is subject to the internal limitation of section 27(2) that the state must take reasonable measures, within its available resources, to achieve the progressive realisation of the right. Furthermore, as with all rights in the Bill of Rights, both these rights are subject to the general limitations clause found in section 36. There is international law authority in various human rights instruments for the protection of the right to food and what the right entails. In accordance with section 39 of the Constitution, such international law must be considered when interpreting the right to food. It is argued that a generous and broad interpretation of food rights in the Constitution is called for. Existing legislation, state policies and programmes are analysed in order to gauge whether the state is adequately meeting its right to food obligations. Furthermore, the state’s food programmes must meet the just administrative action requirements of lawfulness, reasonableness and procedural fairness of section 33 of the Constitution and comply with the Promotion of Just Administrative Justice Act. The dissertation analyses the disparate and unco-ordinated food and law policies in existence, albeit that the National Food Security Draft Bill offers the hope of some improvement. Particular inadequacies highlighted in the state’s response to the country’s food challenges are a lack of any feeding schemes in high schools and insufficient food provision in emergency situations. Social assistance grants available in terms of the Social Assistance Act are considered due to their potential to make food available to grant recipients. On the one hand there is shown to be a lack of social assistance for unemployed people who do not qualify for any form of social grant. On the other hand, whilst presently underutilised and not always properly administered, social relief of distress grants are shown to have the potential to improve access to sufficient food for limited periods of time. Other suggested means of improving access to sufficient food are income generation strategies, the introduction of a basic income grant and the creation of food framework legislation. When people are denied their food rights, this research calls for creative judicial remedies as well as effective enforcement of such court orders. However, it is argued that education on what the right to food entails is a precondition for people to seek legal recourse to protect their right to food. Due to a lack of case authority on food itself, guidance is sought from the findings of South Africa’s Constitutional Court in analogous socio-economic rights challenges. Through this analysis this dissertation considers the way forward, either in terms of direct court action or via improved access to other rights which will improve food access.
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Govindjee, Avinash. "The constitutional right of access to social security." Thesis, University of Port Elizabeth, 2001. http://hdl.handle.net/10948/280.

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The inclusion of the right of access to social security in the Constitution did not meet with wholehearted approval in South Africa. This right, however, is of vital importance for the future upliftment of the country. The present social security system is based upon a clear distinction between social assistance and social insurance. There is a gap in current social security provisions in that the unemployed middle aged individual is not covered. Unemployment itself is one of the greatest challenges obscuring the implementation of a comprehensive social security system. The Constitutional right is to have ‘access’ to social security and the amount of resources at the state’s disposal is directly related to increasing this right, although it is true that a number of available resources are misspent. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the right of access to social security. The principles of solidarity and ubuntu must be cultivated so that national social development becomes a concern for all citizens. There are numerous problems facing South Africans in attaining the goal of access to social security – even if national social development does become a priority. Budgetary constraints, poverty, unemployment, HIV/Aids and foreigners are examples of these. By making social security a priority for everyone, existing ideas (almost all of which have merit) may be converted into long-term solutions for poverty and unemployment. Currently, numerous opportunities to salvage the situation are being overlooked as a result of the lack of a comprehensive and structured plan to better the access to social security. The constitutional right of access to social security is enforceable, although the jurisprudence in this field remains underdeveloped. Conditions are currently favourable, within the country and beyond its borders, for an imaginative and concerted attempt to be made to find potential solutions. It is possible for resources to be increased and for tax benefits to be incorporated for businesses which have the capacity to contribute. The issue of defence spending is controversial, but could hold the key to lowering unemployment. Should jobs be created, it is likely that they will initially be of a temporary nature. Consequently, provisions are needed to ensure some guarantee of income in the lacuna between when a job is lost and another found. Ultimately, one thing is certain: the constitutional right of access to social security will only be complete once the people who are recipients of this right make sacrifices and create corresponding duties for themselves to ensure that the next generation of inhabitants of this country are not facing similar problems. The state’s goal should be to ensure that the basic rights which all people enjoy in terms of the Constitution (in particular the other socio-economic rights) are guaranteed for the duration of their existence, even if the level of benefits received by such people is low.
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Kirby, Larry Joseph. "Sanctuary the right of asylum in the Corpus iuris canonici /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Books on the topic "Constitutional right of asylum"

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Moderne, Franck. Le droit constitutionnel d'asile dans les Etats de l'Union européenne. Paris: Economica, 1997.

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D'Orazio, Giustino. Lo straniero nella Costituzione italiana: Asilo, condizione giuridica, estradizione. Padova: CEDAM, 1992.

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Ulrich, Becker. Das bayerische Asylrecht. Berlin: Duncker & Humblot, 1989.

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O direito de asilo na Constituição portuguesa: Âmbito de protecção de um direito fundamental. Coimbra: Coimbra Editora, 2009.

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Oliveira, Andreia Sofia Pinto. O direito de asilo na Constituição portuguesa: Âmbito de protecção de um direito fundamental. Coimbra: Coimbra Editora, 2009.

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Zimmermann, Andreas. Das neue Grundrecht auf Asyl: Verfassungs- und völkerrechtliche Grenzen und Voraussetzungen = The new German law on asylum under Article 16a of the Constitution of the Federal Republic of Germany. Berlin: Springer, 1994.

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Sazon, K. D. Ubezhishche v konstitut︠s︡ionnom izmerenii: Monografii︠a︡. Moskva: Izdatelʹstvo "I︠U︡rlitinform", 2015.

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Extradition, politics, and human rights. Philadelphia: Temple University Press, 2001.

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Hatton, T. J. European asylum policy. Bonn, Germany: IZA, 2005.

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Suhrke, Astri. Safeguarding the right to asylum. Fantoft, Norway: Chr. Michelsen Institute, Dept. of Social Science and Development, 1992.

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Book chapters on the topic "Constitutional right of asylum"

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Tiedemann, Paul. "Right to Asylum." In Springer Textbooks in Law, 295–311. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-42262-2_16.

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Winter, Bronwyn. "The Right to Asylum." In Reform, Revolution and Crisis in Europe, 208–30. New York, NY: Routledge/Taylor & Francis Group, 2020. | Series: Routledge studies in cultural history; 80: Routledge, 2019. http://dx.doi.org/10.4324/9780367815004-11.

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Bossacoma Busquets, Pau. "Constitutional Right to Secede and Constitutional Reform." In Morality and Legality of Secession, 211–53. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-26589-2_8.

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Kirkwood, Steve, Simon Goodman, Chris McVittie, and Andy McKinlay. "Asylum-Seekers and the Right to Work." In The Language of Asylum, 99–120. London: Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1007/978-1-137-46116-2_7.

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Kanovitz, Jacqueline R., Jefferson L. Ingram, and Christopher J. Devine. "Right to Counsel." In Constitutional Law for Criminal Justice, 417–43. 15th edition. | New York, NY : Routledge, 2018. | Series: John C. Klotter justice administration legal series: Routledge, 2018. http://dx.doi.org/10.4324/9780429469886-8.

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Kasekamp, Andres. "The Constitutional Referenda." In The Radical Right in Interwar Estonia, 32–48. London: Palgrave Macmillan UK, 2000. http://dx.doi.org/10.1057/9781403919557_5.

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Lövheim, Mia. "Culture, Conflict, and Constitutional Right." In Religion and European Society, 69–82. Chichester, UK: John Wiley & Sons, Ltd, 2019. http://dx.doi.org/10.1002/9781119162766.ch4.

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Zietlow, Rebecca E. "The Constitutional Right to Organize." In Vulnerability and the Legal Organization of Work, 57–78. Abingdon, Oxon [UK] ; New York : Routledge, 2017. | Series: Gender in law, culture, and society: Routledge, 2017. http://dx.doi.org/10.4324/9781315518572-5.

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Liodden, Tone Maia. "Making the Right Decision: Justice in the Asylum Bureaucracy in Norway." In Asylum Determination in Europe, 241–62. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-94749-5_12.

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Neumann, Klaus. "The Right to Asylum: A Hidden History." In History, Historians and the Immigration Debate, 191–208. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97123-0_11.

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Conference papers on the topic "Constitutional right of asylum"

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Majić, Helena. "THE CROATIAN CONSTITUTIONAL COURT AND THE EU CHARTER OF FUNDAMENTAL RIGHTS: A LIMBO BETWEN THE CHARTER, THE ECHR AND NATIONAL CONSTITUTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18304.

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The Charter of Fundamental Rights of the European Union has been applied directly by the Croatian Constitutional Court since the decision No. U-I-1397/2015 (Act on Elections of the Representatives to the Croatian Parliament) rendered in 2015. Ever since it can be observed that the Charter has been consistently applied both in the proceedings of constitutional review in abstracto and in the proceedings initiated by a constitutional complaint (constitutional review in concreto), however, in a limited number of cases mostly concerning migrations or asylum.Therefore, this paper analyses the application of the Charter in the case law of the Croatian Constitutional Court and the method of interpretation pursued, with special reference to both its shortcomings and benefits. The paper also investigates the reasons for limited application of the Charter, even in those cases which would normally fall under the scope of application of EU law. The analysis indicates two distinct methodological approaches adopted by the Constitutional Court. The first one, where the Charter has been regarded as an interpretative tool only; and the second one, where the Charter has been found to be directly applicable vis-à-vis individual rights inferred from the EU law. The latter approach, first followed in an asylum case No. U-III-424/2019 (X. Y.), had raised new questions on interpretation of the Charter (with respect to the Croatian constitutional framework) in the cases where the Charter's applicability ratione materiae overlaps with the Croatian Constitution and the (European) Convention for the Protection of Human Rights and Fundamental Freedoms, which to the day, in contrast to the Charter, has been consistently followed and therefore legally internalised by the Croatian Constitutional Court. Therefore, the paper also elaborates a new methodological approach adopted by the Croatian Constitutional Court in finding a way out of „limbo“ between the Charter, the ECHR, and the Croatian Constitution.
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Mersinaj, L. "ASYLUM AS A FUNDAMENTAL RIGHT AND INTERNATIONAL DEFENSE INSTRUMENTS." In VI International Youth Conference "Perspectives of Science and Education". Prague: Premier Publishing s.r.o., 2019. http://dx.doi.org/10.29013/vi-conf-usa-6-166-171.

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Čepo, Marina. "DETENTION OF ASYLUM SEEKERS THROUGH THE PRACTICE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE EXAMPLE OF THE REPUBLIC OF HUNGARY AND THE PERSPECTIVES OF THE NEW PACT ON MIGRATION AND ASYLUM." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18301.

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Restrictions on freedom of movement, in particular the detention of asylum seekers as the most severe form of such restrictions, constitute an interference with fundamental human rights and must be approached with particular care. In view of the migration and refugee crisis, the Republic of Hungary has begun to amend its asylum legislation, thus tightening the conditions for the detention of asylum seekers. The introduction of the provision establishing that asylum may be sought only in transit zones has also led to the gradual detention of asylum seekers in transit zones, which Hungary did not consider as detention. This issue was brought before the Court of Justice of the European Union (hereinafter: CJEU), which drastically changed the path taken by the Hungarian government when it comes to detaining asylum seekers. What the CJEU has found is that leaving people in transit zones without the right to free movement is to be considered detention, even though they are not specialized detention facilities. The CJEU ordered that such a practice must cease immediately. Therefore, this paper will examine the Hungarian practice following the judgment of the CJEU. The CJEU has taken a major step towards protecting the rights of asylum seekers as regards detention, and the EU recently adopted amendments as part of the new Pact on Migration and Asylum aimed at improving the existing asylum system. The second part of the paper analyzes the provisions of the new Pact on Migration and Asylum related to detention in order to determine whether the proposed amendments contribute to the Common European Asylum System and the protection of the human rights of asylum seekers or represent a step backwards.
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Dimitrova, Darina. "ON SOME QUESTION OF THE ADMINISTRATIVE LEGAL PROTECTION OF THE RIGHT TO WORK." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.254.

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The present work examines the current legislation on some aspects of the administrative legal protection of the constitutional right to work. As a result of the analysis of the content of the constitutional right to work and of the basic means for its administrative legal protection conclusions and summaries are made about the applicable normative regulation concerning the questions in consideration.
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"THE CONSTITUTIONAL AND LEGAL SIGNIFICANCE OF THE RIGHT OF THE ACCUSED TO A JURY TRIAL." In LEGAL ISSUES OF STRENGTHENING RUSSIAN STATEHOOD. Vol. 79. Tomsk State University, 2018. http://dx.doi.org/10.17223/9785946217637/6.

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Karaman, Ebru. "Structure of the Constitutional Courts in Comparative Law: Macedonia, Turkey, Germany, Austria, France, Italy and Spain." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01158.

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When the legislative has delimited rights and freedoms illegally, Constitutional Court should step in as an efficient assurance and this forcefulness is undoubtedly related to the structure of the Constitutional Court. The Constitutional Court's organization and election of the members of the Constitutional Court and status have a great importance for freedom of the Court. As a matter of fact, the only way to protect people’s fundamental rights and freedoms is possible with independent verdict. Judiciary which fulfills the function of judgment behalf of the nation and the judges who hold the judicial power, have an indispensable importance. The assurance of people’s right and freedoms could be provided only, when the court has accomplished their mission away from all kinds of pressure and influence. The freedom of judges also means their appointments, employee rights and working condition therefore; in first place, the organization of the Turkish Constitutional Court (General Assembly, Department, Division, Commission), then the election of members of the Turkish Constitutional Court and the status are compared with the regulation of Macedonia, Germany, Austria, France, Italy and Spain.
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Magzanova, E. Iu. "The realization by entrepreneurs of the constitutional right to compensation for harm, caused by the state." In ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ. НИЦ «Л-Журнал», 2018. http://dx.doi.org/10.18411/lj-05-2018-11.

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Saudakhanov, Marat, and Margarita Kalantarova. "Constitutional human right to a favorable environment in the Russian Federation and the Kingdom of Sweden: a comparative legal analysis." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-228-233.

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Currently, norms on ecology and the environment are present in the legislation of each state. However, not everyone has such a right as the right to a healthy environment. This article attempts to conduct a comparative legal analysis of the laws of the Russian Federation and the Kingdom of Sweden for the purpose of enshrining in each of them the constitutional human right to a healthy environment. In conclusion, conclusions are drawn corresponding to the study.
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"TRENDS IN LEGAL REGULATION IN THE FIELD OF DIGITALIZATION AND IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO INFORMATION." In Russian science: actual researches and developments. Samara State University of Economics, 2019. http://dx.doi.org/10.46554/russian.science-2019.10-2-294/297.

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Rodean, Neliana. "European Constitutional Heritage: the Protection of Human Right in the perspective of the EU membership to the ECHR." In 2nd Annual International Conference on Law, Regulations and Public Policy (LRPP 2013). Global Science and Technology Forum Pte Ltd, 2013. http://dx.doi.org/10.5176/2251-3809_lrpp13.16.

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Reports on the topic "Constitutional right of asylum"

1

Rohwerder, Brigitte. The Right to Protection of Forcibly Displaced Persons During the Covid-19 Pandemic. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/ids.2021.052.

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The unprecedented shutdown of borders and restrictions on migration in response to the Covid-19 pandemic have put the core principles of refugee protection to test and resulted in the erosion of the right to asylum and violations of the principle of non-refoulment (no one should be returned to a country where they would face torture; cruel, inhuman or degrading treatment; or punishment and other irreparable harm). Covid-19 is being used by some governments as an excuse to block people from the right to seek asylum and implement their nationalist agendas of border closures and anti-immigration policies.
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Kafkoutsou, Natalia-Rafaella, and Spyros-Vlad Oikonomou. Diminished, Derogated, Denied: How the right to asylum in Greece is undermined by the lack of EU responsibility sharing. Greek Council for Refugees; Oxfam, July 2020. http://dx.doi.org/10.21201/2020.6256.

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Cachalia, Firoz, and Jonathan Klaaren. Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa: Towards a public law perspective on constitutional privacy in the era of digitalisation. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/04.

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In this working paper, our focus is on the constitutional debates and case law regarding the right to privacy, adopting a method that is largely theoretical. In an accompanying separate working paper, A South African Public Law Perspective on Digitalisation in the Health Sector, we employ the analysis developed here and focus on the specific case of digital technologies in the health sector. The topic and task of these papers lie at the confluence of many areas of contemporary society. To demonstrate and apply the argument of this paper, it would be possible and valuable to extend its analysis into any of numerous spheres of social life, from energy to education to policing to child care. In our accompanying separate paper, we focus on only one policy domain – the health sector. Our aim is to demonstrate our argument about the significance of a public law perspective on the constitutional right to privacy in the age of digitalisation, and attend to several issues raised by digitalisation’s impact in the health sector. For the most part, we focus on technologies that have health benefits and privacy costs, but we also recognise that certain technologies have health costs and privacy benefits. We also briefly outline the recent establishment (and subsequent events) in South Africa of a contact tracing database responding to the COVID-19 pandemic – the COVID-19 Tracing Database – a development at the interface of the law enforcement and health sectors. Our main point in this accompanying paper is to demonstrate the value that a constitutional right to privacy can bring to the regulation of digital technologies in a variety of legal frameworks and technological settings – from public to private, and from the law of the constitution to the ‘law’ of computer coding.
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Cachalia, Firoz, and Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.

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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.
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